The Center for Medicaid and Medicare released a final rule in September 2016 that would require increased preparedness at hospitals accepting Medicaid/Medicare payments.

In September 2016, the Center for Medicaid and Medicare Services released an update to the requirement for hospitals accepting payments from CMS to improve their disaster and emergency preparedness with new standards.

Specifically, the updated rule (impacting 42 CFR 402-494) will allow for a bit more flexibility in the planning and exercises at a hospital. For example, facilities would be allowed to omit certain planning requirements based upon who they serve (i.e. day-time only would not be required to have a substance plan that covers a 24-hour clock). That and there would be a bit more flexibility in choosing what types of exercises they could use to meet the annual requirements.

The new rule went into effect on November 15, 2016.

For more information, see the links below.

EMT/Paramedic Law Refresher

Remember your EMT/Paramedic Program? You know that person that slept through most of their EMT class? Yea, you might be responsible for what they do.

Several years ago in my EMT-B program we got a very brief segment on our legal responsibilities while riding out on the truck. One quote from this article stuck with me more than the rest (though this is an awesome article an analysis by Mr. David Givot out in California.

“Case law has created an implicit duty to mitigate the substandard performance or outright incompetence of fellow providers. Simply put, the emerging legal trend is to hold all providers accountable for the failings of one.”

Lets get real for a minute, we’ve all had that slacker co-worker we’ve had to cover for; but, did you ever think you HAD to cover for them? Apparently case law (law created by judges as cases were tried in court) has established such a rule. This is where most laypersons who understand statutes but not the “common-law” (a formal name for case law) can impact them.

Now before you start to think “oh, this is California, it has no impact on me in Texas (or fill in your other favorite state’s name here)” WRONG! Many times where the states or other case-law is ambiguous, courts will look to decisions made by judges in other states–including California–before making a decision. Though it’s not what we call a “controlling case” it is “persuasive” upon the court and has a much better chance for getting the nod from the Judge than an “but it’s not my fault” argument.

If you’re an EMT, Paramedic, or Medical Director it is definitely worth the few minutes to take a look at this article. It just might save you a couple headaches and change your next interview and personnel retention decision.

– Will

Read the Mr. Givot’s article here.

Category Archives: Emergency Medicine

CMS Increases Hospital Emergency Preparedness Requirements

CMS Increases Hospital Emergency Preparedness Requirements

The Center for Medicaid and Medicare released a final rule in September 2016 that would require increased preparedness at hospitals accepting Medicaid/Medicare payments.